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DO I HAVE A CASE?

Fault versus Responsibility

Major league baseball pitcher, Bartolo Colon, was just suspended (ESPN article) for 50 games, after testing positive  for a performance-enhancing substance.  Baseball decided a couple of years ago that it was no longer going to turn a blind eye to steroids, human-growth hormone and other drugs.

When it was announced that Colon had tested positive for a banned substance, he or his agent released the following statement on his behalf, ” I apologize to the fans, to my teammates and to the Oakland A’s” (his team)

When I saw this story and the statement, I wondered why he was apologizing. For the last couple of years, there were rumors about him unfairly competing. Now, baseball has confirmed those rumors. Is he sorry that he took banned drugs/substances or is he sorry that he got caught? Was he sorry the day before he got caught.

For every lawsuit that I file, I receive an answer to the suit.  Almost always, the answer is filed by the defense attorney that has been hired by the insurance company. In that answer, they deny everything except that there was an accident. Then, on the day of trial or a couple of days before, I usually am told by the defense that  “they are admitting liability”.

Although they admit liability, they then attack my client about injuries and treatment. Recently, I asked a defendant if he was at fault for the crash. Like clockwork, he said that he accepted responsibility for his actions. I then followed up with, “So you accept responsibility for the injuries that you caused my client?”  He hesitated, looked over at his attorney at counsel table and then blurted out, “oh no, that’s not what I meant”.

Whether it’s the real world, baseball or from a car accident, getting caught doesn’t usaully mean “I’m sorry and I’m responsible”.  I suppose that will never change.

For pic o’ day, this pup just realized that Vet doesn’t mean what he thought they were saying:


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